Allen v. Elhers

Filing 10

ORDER signed by Magistrate Judge Allison Claire on 4/30/2018 ORDERING Plaintiff to complete and file, within 30 days after the filing date of this order, an application to proceed IFP used by non-prisoners in this district. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL DEWAYNE ALLEN,

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No. 2:17-cv-01943 KJM AC P

Plaintiff,

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v.

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C.O. ELHERS,

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ORDER

Defendant.

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Plaintiff is a former state prisoner proceeding pro se with a complaint challenging

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conditions of his prior confinement at California State Prison Sacramento (CSP-SAC), under the

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authority of the California Department of Corrections and Rehabilitation (CDCR). Shortly after

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filing his complaint and submitting a completed application to proceed in forma pauperis by a

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prisoner, plaintiff informed the court of his release from prison. See ECF No. 9. Review of the

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Inmate Locator website operated by CDCR confirms plaintiff’s continued release.1
Because plaintiff is no longer in custody, he must complete and submit a non-prisoner

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application to proceed in forma pauperis on the form provided herewith. See e.g. Adler v.

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Gonzalez, 2015 WL 4041772, at *1, 2015 U.S. Dist. LEXIS 85909 (E.D. Cal. July 1, 2015),

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See http://inmatelocator.cdcr.ca.gov/search.aspx See also Fed. R. Evid. 201 (court may take
judicial notice of facts that are capable of accurate determination by sources whose accuracy
cannot reasonably be questioned).
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report and recommendation adopted, 2015 WL 4668668, 2015 U.S. Dist. LEXIS 103386 (E.D.

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Cal. Aug. 6, 2015) (Case No. 1:11-CV-1915 LJO MJS), and cases cited therein.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Within thirty days after the filing date of this order, plaintiff shall complete and file the

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attached application to proceed forma pauperis used by non-prisoners in this district;
2. Failure of plaintiff to timely submit the completed application will result in the
dismissal of this action without prejudice; and
3. The Clerk of Court is directed to send plaintiff a blank application to proceed forma
pauperis used by non-prisoners in this district.
DATED: April 30, 2018

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